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Nov 18, 2012
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the state legislature decided to not take up the measure, but will be looking at ceqa as a much more holistic way in the coming legislative year. i suggest that and we suggest that san francisco take a similar approach that all means by which projects are approved or moved forward need to be looked at. ceqa in itself is not the only approval that projects require -- >> are you speaking to the continuance or the actual topic? >> okay. i will support -- we support the continuance. >> thank you very much. >> and that's basically the message, but the measure i think is different from what was proposed in 2006 and 2010. it needs to be looked at very carefully. thank you. >> thank you. >> good afternoon members of the planning commission. i am justin big low and from the community economic clinic at california hastings college of the law, and here representing citizens for a sustainable treasure island. to keep my comments very brief we prepared analysis of the proposed amendments and i would like to submit those, one for the record and one for each planning commissioner at this time. than
the state legislature decided to not take up the measure, but will be looking at ceqa as a much more holistic way in the coming legislative year. i suggest that and we suggest that san francisco take a similar approach that all means by which projects are approved or moved forward need to be looked at. ceqa in itself is not the only approval that projects require -- >> are you speaking to the continuance or the actual topic? >> okay. i will support -- we support the continuance....
SFGTV: San Francisco Government Television
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Nov 27, 2012
11/12
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it is wrong with state law with regard of the sunshine act of the legislature or ceqa. there is no way in which the city or the city counties as administrative district of the state can pass a laws or even consider laws that violate state law. therefore shouldn't even be an item. i will submit a document that our lawyers, dewey fleshman, who has challenged similar circumstances with park merced and given the fact that you have experience with these violations it should not reoccur. >> i would like to remind all members of public the matter before the commission right now is the continuance of the items proposed, not the matter of the item itself, but just the continuance. >> eric brooks representing san francisco green party and the local grass-roots organization "our city". just a shout out in the room not familiar with planning department's process. this is the opportunity to speak on item 11 and i speak to the fact they am very glad to see for whatever reason you're continuing this, and the reason being that this legislation in a similar form was introduced in 2006 a
it is wrong with state law with regard of the sunshine act of the legislature or ceqa. there is no way in which the city or the city counties as administrative district of the state can pass a laws or even consider laws that violate state law. therefore shouldn't even be an item. i will submit a document that our lawyers, dewey fleshman, who has challenged similar circumstances with park merced and given the fact that you have experience with these violations it should not reoccur. >> i...
SFGTV: San Francisco Government Television
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Feb 9, 2012
02/12
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the ceqa part needs work. the planning department is regulatory, captured by developers, ammed they could change the way they do e.i.r.'s to do it in-house, but it's all a consulting operation. that's why it takes 24 months. they could have a project together like the champ model and figure out what the transit delay was, but we need to know on complex systems what minor changes would have major impacts on, because no one can know that going into it, and a fee cannot predict it, thank you. >> thank up. no more public comment? thank you very much. that was a very good presentation. we look forward to hearing more about this. i think this is going to be a really positive change. i believe our closed session has been removed. >> madam chairman, closed session has been cancelled. so you've completed the business before you today. >> thanks, we are adjourned. thank you. >> do you have a sister in the audience? >> no, my parents. [meeting adjourned at 7:15 p.m. eastern standard time.] >> [roll call] >> item number t
the ceqa part needs work. the planning department is regulatory, captured by developers, ammed they could change the way they do e.i.r.'s to do it in-house, but it's all a consulting operation. that's why it takes 24 months. they could have a project together like the champ model and figure out what the transit delay was, but we need to know on complex systems what minor changes would have major impacts on, because no one can know that going into it, and a fee cannot predict it, thank you....
SFGTV: San Francisco Government Television
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Oct 18, 2012
10/12
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so that we can determine the ceqa issue and move forward or not move forward with the project. it will require significantly more robust notice to the public about ceqa determinations by the planning department, so that people know that a ceqa determination has occurred and they can decide whether they want to challenge it. the legislation will also provide the board of supervisors with the flexibility, if we choose, to amend our rules to determine where public comment has tab to be taken in connection with the ceqa hearing. whether we decide to delegate some responsibilities to a committee. this legislation of course witness won't change our polices, but provides the board with flextibility. the rest i will submit. >> thank you, supervisor wiener, supervisor cohen? >> good afternoon, everyone. i have two pieces today. today i am introducing legislation that facilitates a significant investment that the puc is making inside district 10 and consolidates a number of department operations to better use rate-payers dollars and this legislation would enable the puc to purchase nearl
so that we can determine the ceqa issue and move forward or not move forward with the project. it will require significantly more robust notice to the public about ceqa determinations by the planning department, so that people know that a ceqa determination has occurred and they can decide whether they want to challenge it. the legislation will also provide the board of supervisors with the flexibility, if we choose, to amend our rules to determine where public comment has tab to be taken in...
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Jun 18, 2012
06/12
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city planning is the largest one. >> much of it is ceqa-related. supervisor chu: the mayor's office cdbg as an increase of $400,000. that looks like a new one. then there is another allocation of almost $1 million, $984,000 in working order recovery from something called community development. >> both of those are redevelopment-related. supervisor chu: ok, so both of those are redevelopment-related rec and park is going up by $400,000. >> yes, that is litigation related. historically, rec and park has been an active user of our services and have been very, very supportive, and i think we have had supplementals from them in the past. but this is to more accurately reflect the budgetary process and what our needs have historically been and what we think we have coming down the pike, but this is a litigation- related. supervisor chu: ok. this might be a follow-up question to the department after words. for many of your work orders, i see that there's some increases in some drops in work orders announced, some related to ceqa or some looking at the bud
city planning is the largest one. >> much of it is ceqa-related. supervisor chu: the mayor's office cdbg as an increase of $400,000. that looks like a new one. then there is another allocation of almost $1 million, $984,000 in working order recovery from something called community development. >> both of those are redevelopment-related. supervisor chu: ok, so both of those are redevelopment-related rec and park is going up by $400,000. >> yes, that is litigation related....
SFGTV: San Francisco Government Television
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Aug 10, 2012
08/12
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that this body have with respect to then ceqa findings? >> i would defer back to the city attorney on what, if any findings the board may need to make in regards to ceqa. the review that is before the board is the local coastal permit and consistency with the local coastal plan. vice president fung: i believe we also need to look for consistency with the priority policies, don't we? >> if you are to rule to uphold the permit, you should also find consistency with the policies. >vice president fung: correct. the -- i have another question but why don't you go ahead? commissioner hurtado: there was the hearing draft. the draft dated may 17. it says under no. 6 public comment, the department has received no comment regarding the coastal zone permit application. could you elaborate on that? was there nothing received by the commission on that particular aspect? >> i believe that most of the comments -- the bulk of the comments were related to the environmental review and were submitted as part of the environmental review. it is my assumption t
that this body have with respect to then ceqa findings? >> i would defer back to the city attorney on what, if any findings the board may need to make in regards to ceqa. the review that is before the board is the local coastal permit and consistency with the local coastal plan. vice president fung: i believe we also need to look for consistency with the priority policies, don't we? >> if you are to rule to uphold the permit, you should also find consistency with the policies....
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Jan 25, 2012
01/12
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all of those documents are considered "environmental review" under ceqa. where are you going to end up? we think this eir is ambiguous and gives a lot of leeway to the city planning department to avoid eir's while still conducting "environmental review." the phrase does not do a lot to solve the problem. president chiu: another has been a lot of discussion in our community around the proposed jumbo trone. -- jumbotron. there are concerns about whether it would disturb toxic sediments, or cause other safety hazards. the planning department has taken the position that they have fully analyzed these issues and determined the impact will not be significant. >> this eir is project-level for the races and everything associated with the races and the cruise terminal. the jumbotron -- we are done with environmental review. the only way to change what the planning department said about it is for somebody to file a lawsuit and a judge to agree that issue was not analyzed properly, and have to go back to the planning department. from the standpoint of what we were ta
all of those documents are considered "environmental review" under ceqa. where are you going to end up? we think this eir is ambiguous and gives a lot of leeway to the city planning department to avoid eir's while still conducting "environmental review." the phrase does not do a lot to solve the problem. president chiu: another has been a lot of discussion in our community around the proposed jumbo trone. -- jumbotron. there are concerns about whether it would disturb toxic...
SFGTV: San Francisco Government Television
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Feb 22, 2012
02/12
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this was a ceqa lawsuit. and the way we do ceqa transportation study, again, is often category to the goals of let's say bike mobility or transit. this was recognized a long time ago out of this 2003 directive, the transportation authority generated a report that recommended replacing l.o.s. with a more nuanced metric that focused on transit and bikes and people. based on that work, this committee that i mentioned, the four agencies got together to initial a nexus study to understand what sort of fee we could generate to fund those improvements that i mentioned. there was an opportunity in 2009, the state revised its ceqa guidelines. these are the regulatory guidelines that tells cities how to use seekway to do everything including a transportation study. we were able to sit down with their attorney and get language specifically in the state guidelines that allows this project to move forward in san francisco. 2010, we spent the entire year modelling what package of transit and bike and ped and street improve
this was a ceqa lawsuit. and the way we do ceqa transportation study, again, is often category to the goals of let's say bike mobility or transit. this was recognized a long time ago out of this 2003 directive, the transportation authority generated a report that recommended replacing l.o.s. with a more nuanced metric that focused on transit and bikes and people. based on that work, this committee that i mentioned, the four agencies got together to initial a nexus study to understand what sort...
SFGTV: San Francisco Government Television
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Jul 15, 2012
07/12
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that is eight times above the ceqa significant threshold. if you live next to the chevron refinery you are exposed to a cancer risk of 8.4 in 1 million. about the same as playing soccer on sbr chrome rubber. the eir out to analyze -- ought to analyze alternatives and we have proposed good, safe alternatives. los angeles is using acrylic coated sand. they are still using astroturf but they are using sand as the base and they have had good results. new york is using basically carpet pad. a thick rubber pad under the turf because of health concerns. even piedmont and san carlos have installed cork to underline their astroturf. san francisco which calls itself the greatest city in america should not be falling behind new york to los angeles, san carlos, and piedmont. the eir is inadequate because it refused to consider those alternatives. the eir could look at the alternatives, priced about my determine what is feasible and with the costs and benefits are but to ignore the alternatives renders the document legally inadequate. i would also like t
that is eight times above the ceqa significant threshold. if you live next to the chevron refinery you are exposed to a cancer risk of 8.4 in 1 million. about the same as playing soccer on sbr chrome rubber. the eir out to analyze -- ought to analyze alternatives and we have proposed good, safe alternatives. los angeles is using acrylic coated sand. they are still using astroturf but they are using sand as the base and they have had good results. new york is using basically carpet pad. a thick...
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Jul 17, 2012
07/12
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ceqa does not somehow say that you do not get to choose. if there is something that is less impact will and feasible, ceqa somehow swoops in and forces you to do something that is not appropriate for the community. if we make that assumption which i know you dispute. >> ceqa is a disclosure law. as long as the impacts are disclosed, the city can issue a statement of overriding considerations but not if one of the alternatives is environmentally superior or feasible and uses project objectives which is what the final uighur concludes about west sunset. supervisor wiener: i appreciate the clarification. it is the appellants position it would be appropriate to place artificial turf at west sunset? >> yes. supervisor wiener: that would be replacing green grass space, natural space with artificial turf? >> not really. i do not know if we have a picture we can show. i've played on the field, i have played on most of the fields in the city with my little league teams. it is heavily developed. it is baseball diamonds, softball diamonds, soccer fiel
ceqa does not somehow say that you do not get to choose. if there is something that is less impact will and feasible, ceqa somehow swoops in and forces you to do something that is not appropriate for the community. if we make that assumption which i know you dispute. >> ceqa is a disclosure law. as long as the impacts are disclosed, the city can issue a statement of overriding considerations but not if one of the alternatives is environmentally superior or feasible and uses project...
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Jul 13, 2012
07/12
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consistency was appropriately discussed in ceqa documents. on may 24, the planning commission certified the eir, approved it, and found it to be consistent with the general plan. the project was found to be consistent with the golden gate park master plan. the appellants states and the r.r.'s analysis is inadequate, acknowledging the uniqueness of the project site and subjective nature of the aesthetics. they prepared nighttime visual simulation and performed an analysis of my time views. it included the project will not have a substantial adverse affect on the scenic vista. it will continue to be screened for most public use in the area. the eir concluded the project will not create a source of goler that would adversely affect views in the area. the nighttime lighting would not result in spillover light thing that would affect homes. the eir does not state the lighting will not be noticeable. the appellate states it miscalculates human health risks. the eir relies on a number of studies to assess potential risks. many of the studies were co
consistency was appropriately discussed in ceqa documents. on may 24, the planning commission certified the eir, approved it, and found it to be consistent with the general plan. the project was found to be consistent with the golden gate park master plan. the appellants states and the r.r.'s analysis is inadequate, acknowledging the uniqueness of the project site and subjective nature of the aesthetics. they prepared nighttime visual simulation and performed an analysis of my time views. it...
SFGTV: San Francisco Government Television
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Dec 24, 2012
12/12
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this is about ceqa. and one can love or hate this project, but this is about our application of ceqa. and i do believe that if we were to require an eir tonight, we would be setting a significant precedent for future efforts to do all sorts of different projects to improve safety on our streets, whether you're -- because if you require an eir to remove net 55 parking spots what about adding net 55 parking spots what about taking a surface parking lot and -- a building there and remove those parking spots would that require a full eir for a two story building that i'm building or if you are building a bunch of bulbouts it would create a significant precedent in my view. and so i think that the planning department's determination was correct, and i will be supporting the affirmation of the cat ex. >> president chiu: supervisor elsbernd. >> supervisor elsbernd: if there's any reason to support his efforts on ceqa reform this last hour and a half should be something that you keep in your memory banks as you
this is about ceqa. and one can love or hate this project, but this is about our application of ceqa. and i do believe that if we were to require an eir tonight, we would be setting a significant precedent for future efforts to do all sorts of different projects to improve safety on our streets, whether you're -- because if you require an eir to remove net 55 parking spots what about adding net 55 parking spots what about taking a surface parking lot and -- a building there and remove those...
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Jul 3, 2012
07/12
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the planning department sometimes ends up absorbing ceqa litigation costs. we're trying to go through a ceqa reform process at the state level, but i think it is really important for people to understand the cost of this incessant ceqa litigation in cases that are maybe marginal at best. i just wanted to see your perspective. >> yeah, we have seen an increase in its ceqa litigation over the course of the past several years. the planning department has increased its work order for this type of work. it has been difficult with mandatory furloughs and the like over the course of the last several years. i know we have talked about this. i think you will see an improvement in that because of a change in the budget situation. our lawyers will be more available than they have been recently. but the planning department, we have been in consultation with them, and they have recognized this and there's no doubt that we have seen an increase in that type of work. supervisor wiener: and i know that have increased their work order. i think -- i hate the fact that they ha
the planning department sometimes ends up absorbing ceqa litigation costs. we're trying to go through a ceqa reform process at the state level, but i think it is really important for people to understand the cost of this incessant ceqa litigation in cases that are maybe marginal at best. i just wanted to see your perspective. >> yeah, we have seen an increase in its ceqa litigation over the course of the past several years. the planning department has increased its work order for this...
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Nov 25, 2012
11/12
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and the public needs to inform me about what the law says and what is going to happen under eir and ceqa law and i believe there are serious shortcuts being made here and addition to finding document full of vague language, innuendo, and conflikz of terms and terms are exchanged and don't mean anything. planning, planning commission, planning department. i'm not sure what it means and i could go on and on and refers to agencies in lower case without specifying who the agencies or public bodies would be that have to weigh in. the sequence of how meetings appeals, et cetera are described for three or four different appeals is totally confusing, and myself basically requests that we stretch it out further than the 29th of november. >> commissioner hillis. >> so i support the continuance to the 29th. i don't mind continuing it longer but i would like to start hearing from the public, the staff on the issues and request questions and not necessarily ask questions on the phone or email but actually have an airing of what is here and if we start it on the 29th if questions aren't answering -- i
and the public needs to inform me about what the law says and what is going to happen under eir and ceqa law and i believe there are serious shortcuts being made here and addition to finding document full of vague language, innuendo, and conflikz of terms and terms are exchanged and don't mean anything. planning, planning commission, planning department. i'm not sure what it means and i could go on and on and refers to agencies in lower case without specifying who the agencies or public bodies...
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Mar 22, 2012
03/12
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the ceqa appeal was filed yesterday. it could've been filed any time after the ceqa was issued more than one month ago. the city attorney has yet to make a decision about the timeliness. that is all i will say. thank you. >> is there any public comment on the continuance question? seeing none, commissioners, the matter is yours. president garcia: before we deliberate, would you, madam executive director, or the city attorney, explain what the effect would be if we would hear this? and the board of supervisors were to hear it also? if the city attorney determines it was timely, what would happen to our process? >> if the city attorney determines it is timely and the board of supervisors here is the appeal and decides the underlying and our mental evaluation is faulty, then any decision that this board makes would be moot. president garcia: not mooted by the board of supervisors taking jurisdiction, only if there were to decide that the cat x is invalid. >> correct. president garcia: thank you. any comments? >> i would be
the ceqa appeal was filed yesterday. it could've been filed any time after the ceqa was issued more than one month ago. the city attorney has yet to make a decision about the timeliness. that is all i will say. thank you. >> is there any public comment on the continuance question? seeing none, commissioners, the matter is yours. president garcia: before we deliberate, would you, madam executive director, or the city attorney, explain what the effect would be if we would hear this? and the...
SFGTV: San Francisco Government Television
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Jan 18, 2012
01/12
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i am sure many people there simply cannot take any steps without ceqa being complete. supervisor chu: thank you. supervisor avalos: just a question about, are there any part of these funds that would go towards any design work or planning work? if we make this appropriation today, the rec and park department will be using a portion for some of the pre- construction work, correct? >> again, there is some uncertainty around that. yes, that is a push into use of these funds. we're definitely using the funds are not to fund the environmental review work itself. as i mentioned, we are currently in discussion with our philanthropic partners to determine the split in design and construction funds, split between city funds and philanthropic funds. i do not know that precise split at this time. but those funds would ordinarily absolutely be used as they have been in many other cases within this bond, for design and environmental review. supervisors, for context around this, this has been very consistent with the process that we have gone through for all of our neighborhood park
i am sure many people there simply cannot take any steps without ceqa being complete. supervisor chu: thank you. supervisor avalos: just a question about, are there any part of these funds that would go towards any design work or planning work? if we make this appropriation today, the rec and park department will be using a portion for some of the pre- construction work, correct? >> again, there is some uncertainty around that. yes, that is a push into use of these funds. we're definitely...
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Jun 23, 2012
06/12
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city planning is the largest one. >> much of it is ceqa-related. supervisor chu: the mayor's office cdbg as an increase of $400,000. that looks like a new one. then there is another allocation of almost $1 million, $984,000 in working order recovery from something called community development. >> both of those are redevelopment-related. supervisor chu: ok, so both of those are redevelopment-related
city planning is the largest one. >> much of it is ceqa-related. supervisor chu: the mayor's office cdbg as an increase of $400,000. that looks like a new one. then there is another allocation of almost $1 million, $984,000 in working order recovery from something called community development. >> both of those are redevelopment-related. supervisor chu: ok, so both of those are redevelopment-related